Colorado 14th Amendment challenge has state Supreme Court wary of disqualifying Trump
Source: The Hill
The lawsuit is one of many filed across the country seeking to prevent Trumps return to the presidency. The Colorado case is on the fastest track, with many legal experts believing the dispute is destined for the U.S. Supreme Court.
...snip...
The justices on Wednesday wrestled with the many disputed interpretations of the clauses text, raising alarm during the two-hour deep dive about accepting the plaintiffs arguments.
I guess Im expressing a concern about the definition of insurrection that the district court adopted. It strikes me as somewhat or potentially overbroad, said Justice Richard Gabriel.
Read more: https://thehill.com/regulation/court-battles/4346429-colorado-14th-amendment-state-supreme-court-disqualifying-trump/
Bucky
(55,334 posts)I don't think anything other than voting him down is going get rid of this infection
noclue023
(66 posts)All it will take one state to dump trump on 14th amendment to get the ball rolling ? Other state's will follow !! Just need to break the ice !!
Bucky
(55,334 posts)No more than a tiny few states will remove Trump from the ballot. And it'll only happen in states that Trump would have lost anyway. Thus it will have zero impact on the electoral college outcome.
So it will reinforce the message but the Democrats are scared of Trump, which will add to Trump's appeal among the Republicans and help them rationalize their own cheating and swing states.
So ultimately this is a plan to weaken democracy in order to save democracy from an anti-democratic tyrant and weaken the Democratic Party as the party of practical solutions for our economic problems. The reality is removing Trump from the ballots will be doing his work for him by making the process less democratic and making him seem legitimate. You're telling everyone in the middle that democracy is a sham. Throwing Trump off the ballot is a dumb, dumb way to fight for democracy and it's almost guaranteed to backfire on us.
The only way to beat Trump is with ballots. If we can't out vote him, then we've justified everything he said and done about the elections being rigged. It's not enough to beat the problem of Trumpism. We need to bury it.
bucolic_frolic
(48,187 posts)Reconstruction period, former Confederates were removed from political office or prevented from running. This was enforcement of the occupying US Army, which was the enforcement authority during that time period. There were no civil authorities (courts). All this was overseen and run by General Grant.
Post 14th Amendment, Congressional removal of "disabilities" were needed to run for office. Apparently these were granted several times in laws and amnesties that dated into the early 20th century. Former Confederates couldn't just run for office, they needed approval.
Now that's been flipped on its head. No one's responsible, no one knows who to turn to, no one wants the responsibility, no clear precedent was set, and it would be a terrible tragedy to apply the Constitution to Trump.
Trump has said he's at war with American democracy. Is that good enough? If he's at war with the government, he shouldn't run the government.
anciano
(1,646 posts)So far that seems to be the general consensus of the judiciary. I simply can't recall so much "analysis paralysis".
TwilightZone
(28,834 posts)Particularly in the absence of any formal charges, indictments, or convictions. I think the latter is probably a prerequisite (notwithstanding and acknowledging the opinions of Judge Luttig, et al) for a state SC to remove him from the ballot, and that might not even be enough.
republianmushroom
(18,600 posts)Trail judge even said he committed insurrection.
Hotler
(12,554 posts)duckworth969
(966 posts)Bet both of them are chomping at the bit to argue this issue in front of the SC.